You can try to reingage your buyers agent to get the release signed by assuring them you will come back to them to purchase when you are able. Or you can remind them their duty to assist you extends past the purchase agreement and they have a fiduciary duty to help you get our money back. All Realtor boards allow for a public complaint against a Realtor, And abandonment of agency is a serious issue. And yes I agree you should contact a lawyer.
Nancy Robinson Century 21 Town and Country 248 556 7407
Jay M. Jones, Realtor
Max broock, Birmingham
Until the seller signs the release of deposit back to you, not only do you not get your deposit back but he can not sell the property to anyone else. As soon as he gets a new buyer he will be signing; in the meantime, it sounds like he is just being a j**k or his agent hasn't notified him or explained that he needs to sign the cancellation instructions.
Escrow does not want to hold your deposit indefinitely so if there is no resolution between the parties, they will eventually make you both go to court or arbitration/mediation.
hope that helps
Dave & Lisa